Circular No. 49/2011/TT-BNNPTNT amending and supplementing certain Articles of Circular No. 28/2009/TT-BNNPTNT dated June 2, 2009 of the Ministry of Agriculture and Rural Development on the procedures and formalities for drafting and promulgating regulatory legal documents in the field of agriculture and rural development.

CIRCULAR

Amending and supplementing some articles of Circular No. 28/2009/TT-BNNPTNT dated June 2, 2009 of the Ministry of Agriculture and Rural Development on the procedures and formalities for drafting, issues legal normative documents in the field of agriculture and rural development

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP;

Pursuant to the Law on Legislative Documents of 2008;
Pursuant to Decree No. 24/2009/NĐ-CP dated March 5, 2009, of the Government detailing and providing measures for implementing the Law on Legislative Documents;

Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on Administrative Procedure Control;

The Ministry of Agriculture and Rural Development amends and supplements some articles of Circular No. 28/2009/TT-BNNPTNT dated June 2, 2009 of the Ministry of Agriculture and Rural Development on the procedures and formalities for drafting and promulgating legal normative documents in the field of agriculture and rural development (hereinafter referred to as Circular No. 28/2009/TT-BNNPTNT) as follows:

Article 1. Amending and supplementing some articles of Circular No. 28/2009/TT-BNNPTNT

1. Clause 2 of Article 10 is amended and supplemented as follows:

"Article 10. Responsibilities of subordinate units of the Ministry

2. The Ministry Office

a) Provide comments on projects and draft legal normative documents that contain provisions on administrative procedures;

b) Carry out clerical work including stamping, numbering, recording date, month, year of issuance, archiving original copies, and sending (issuing) documents within the authority of the Minister to relevant agencies and organizations; send for publication in the Official Gazette, the Government's electronic information website, and the Ministry of Agriculture and Rural Development's electronic information website;

c) Coordinate with the Department of Organization and Cadres and the Legal Affairs Department to propose commendations and rewards in the work of building and promulgating legal normative documents."

The models and colors of uniforms for regular use are prescribed in Model No. 01 to Model No. 18 in the Appendix accompanying this Circular."

"Article 22a. Organizing to solicit opinions on draft laws, ordinances, Resolutions of the National Assembly, draft Decrees of the Government, Decisions of the Prime Minister containing provisions on administrative procedures (hereinafter referred to as draft legal normative documents)

1. The leading unit responsible for drafting shall submit draft legal normative documents to solicit opinions from the Administrative Procedure Control Office under the Ministry's Office (hereinafter referred to as the Administrative Procedure Control Office) when organizing to solicit opinions from relevant ministries, sectors, and organizations according to Article 21 of Circular No. 28/2009/TT-BNNPTNT.

2. Before submitting to the competent authority for examination, the leading unit responsible for drafting must submit one (01) set of files to solicit opinions from the Administrative Procedure Control Agency under the Government's Office (hereinafter referred to as the Administrative Procedure Control Agency). The file submitted to solicit opinions from the Administrative Procedure Control Agency includes:

a) Letter requesting comments;

b) Draft legal normative document;

c) Impact assessment report on administrative procedures, including forms for assessing necessity, forms for assessing rationality, forms for assessing legality, and forms for calculating costs according to the guidance provided in Document No. 7416/VPCP-TCCV dated October 15, 2010 of the Government's Office on guidelines for impact assessment of regulations on administrative procedures.”

3. Clause 1 of Article 23 shall be amended and supplemented as follows:

"Article 23. Studying, adopting comments, revising draft projects, draft documents, and preparing a Report to the Government.

1. The leading unit responsible for drafting shall be responsible for studying, adopting comments from relevant ministries, sectors, agencies, organizations, and individuals to perfect draft projects, draft legal normative documents, and prepare a Report to the Government and the Prime Minister. In cases where comments are not adopted, the reasons must be clearly stated.

The adoption and explanation of comments from the Administrative Procedure Control Agency must be reflected in a separate section in the document adopting and explaining comments and sent to the Administrative Procedure Control Agency (one copy).”

4. Article 25 is amended and supplemented as follows:

"Article 25. Submitting project and draft legal normative document files for examination by the Ministry of Justice

1. Projects and draft legal normative documents must be examined by the Ministry of Justice before being submitted to the Government, the Prime Minister in accordance with Article 36 and Article 63 of the Law on Enacting Legal Normative Documents 2008 and Clause 2 of Article 43 of Decree No. 24/2009/NĐ-CP dated March 5, 2009 of the Government detailing and implementing the Law on Enacting Legal Normative Documents.

2. Files submitted for examination by the Ministry of Justice include:

a) A letter requesting review;

b) Draft Report to the Government and the Prime Minister on the project and draft legal normative document;

b) Project and draft legal normative document;

c) Detailed explanatory report on the project and draft legal normative document;

d) Impact assessment report on the project and draft legal normative document (for draft laws, ordinances, and Resolutions of the National Assembly, Standing Committee of the National Assembly, and Decrees of the Government);

đ) Report on the implementation of laws and evaluation of social relations related to the main content of the project and draft legal normative document (for draft laws, ordinances, and Resolutions of the National Assembly, Standing Committee of the National Assembly);

e) Summary of opinions from agencies, organizations, and individuals on the content of the project and draft legal normative document; copies of opinions from ministries and equivalent ministries; reports explaining and adopting comments on the project and draft (including comments and explanations and adoption of comments from the Administrative Procedure Control Agency for projects and draft legal normative documents containing provisions on administrative procedures);

g) Impact assessment report on administrative procedures (for projects and draft legal normative documents containing provisions on administrative procedures);

h) Other documents (if any).

3. Responsibilities of the leading unit in drafting

a) Submitting all examination files as required to the Ministry of Justice;

b) Providing necessary information and materials related to the project and draft legal normative document upon request of the examining agency.”

5. Supplementing Article 30a after Article 30 as follows:

"Article 30a. Organizing to solicit contributions and critiques on draft circulars containing provisions on administrative procedures

For draft circulars containing provisions on administrative procedures, the leading unit responsible for drafting must submit them to the administrative procedure control agency, specifically as follows:

1. For joint circulars: Implement according to the provisions of Article 22a added in Clause 2 of Article 1 of this Circular.

2. For Circulars of the Ministry: Before sending to the Legal Department for review, the main drafting unit shall submit one set of documents seeking comments from the Administrative Procedure Control Office. The documents include:

a) Letter requesting comments;

b) Draft legal normative document;

c) An administrative procedure impact assessment report, including forms to assess necessity, forms to assess rationality, forms to assess legality, and cost calculation forms according to the guidance provided in Document No. 7416/VPCP-TCCV dated October 15, 2010, issued by the Government Office on guidelines for assessing the impact of administrative procedures.

3. The time limit for providing comments on Circulars of the Ministry as stipulated in Clause 2 of this Article:

a. Immediately upon receipt of the request for comments, if the documents are incomplete as required, the Administrative Procedure Control Office shall notify the main drafting unit to supplement and complete the documents;

b. Within ten (10) working days from the date of receiving all necessary documents, the Administrative Procedure Control Office shall be responsible for submitting its comments in writing to the main drafting unit.

6. Clause 2 of Article 32 shall be amended and supplemented as follows:

"Article 32. Study, adopt comments, revise draft documents, prepare a Memorandum to the Minister

2. Adoption of comments must be documented, detailing the issues adopted and not adopted in the draft document.

The adoption and explanation of comments from the Administrative Procedure Control Bureau and the Administrative Procedure Control Office must be presented as a separate section in the document adopting and explaining comments.

The document adopting and explaining comments must be sent to the Administrative Procedure Control Bureau (for Joint Circulars) and the Administrative Procedure Control Office (for Circulars of the Ministry)."

7. Add Point d to Clause 1 of Article 33 as follows:

"Article 33. Review Documents

1. Review documentation includes:

d) An administrative procedure impact assessment report (for draft documents containing provisions on administrative procedures)."

8. Add Point e to Clause 2 of Article 34 as follows:

"Article 34. Review of Documents

2. Contents of appraisal

e) Regarding administrative procedures: Examine the issues specified in Articles 7 and 8 of Decree No. 63/2010/NĐ-CP (for draft documents containing provisions on administrative procedures)."

Article 2. Implementation Provisions

1. This Circular takes effect from September 10, 2011.

2. The Director of the Legal Department, the Head of the Ministry's Office, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular. During implementation, if there are difficulties or obstacles, the relevant units, organizations, and individuals shall report them to the Legal Department for consolidation and submission to the Minister for consideration and decision./.